Breach of Commercial Lease Agreement
Represented a tenant in a lawsuit involving the breach of a commercial lease agreement. After a new owner purchased the property, the new owner/landlord wrongfully attempted to terminate the lease and evict the tenant, which caused the tenant to sustain damages, including lost profits from its business. Following trial, the tenant client obtained a jury verdict against the landlord for breach of the lease agreement and against the owner for his wrongful conduct in evicting the tenant. The judgment against the landlord was in excess of $1.2 million and included damages for lost profits from the tenant’s business, other damages, attorney’s fees and court costs. The judgment against the owner for his wrongful conduct was approximately $223,000, which included $200,000 in punitive damages.
Banking Dispute over Loan Participation Agreement
Represented a bank in a lawsuit against another bank involving the breach of a loan participation agreement. The client bank owned a percentage of a $26 million loan under a loan participation agreement. The other bank breached the loan participation agreement by settling the loan and releasing the guarantors without the client bank’s consent. The client bank sued the other bank for breach of contract and conversion of the loan documents and funds. The court granted partial summary judgment in favor of my client on liability and found the other bank breached the loan participation agreement. Following a trial on damages, the court rendered judgment for the other bank.
Minority Shareholder Dispute with Company
Represented the founding member and minority owner of a limited liability company in a lawsuit involving a dispute over the owner’s rights under the company’s limited liability agreement. The board of directors illegally attempted to seize control of the company contrary to the provisions in the company agreement, for the purpose of terminating the founding member. The board also illegally approved a $15 million convertible debt recapitalization of the company. The client prevailed on summary judgment by establishing that the board’s actions were in violation of the company agreement. As a result, the board’s actions were voided. Shortly thereafter, the case settled for a confidential amount.
Company Dispute with Shareholder
Represented a company in a lawsuit involving a dispute with a shareholder over the company’s refusal to remove a restrictive legend on stock certificates owned by the shareholder. The company refused to remove the legend because the shareholder had previously invoked his right to convert the shares into a promissory note in the amount of approximately $1.4 million. The promissory note was never issued because of a dispute over the terms of the promissory note. The lawsuit involved claims for declaratory judgment, breach of contract, tortious interference with contract, fraud, breach of fiduciary duty, and various other claims. Ultimately, the parties entered into a confidential settlement prior to trial.
Contractor Dispute Over Quality of Constructions Services
Represented a contractor in a lawsuit involving a dispute over the quality of construction services provided in connection with the renovation of a historic building located in downtown Austin, Texas. The owner fired the contractor, locked him out of the job and then sued him for breach of contract, fraud, negligent misrepresentation, breach of fiduciary duty, negligence, and deceptive trade practices. All of the claims (except for breach of contract) were successfully disposed of by filing a motion for summary judgment. Ultimately, the contractor prevailed during the litigation, and the case was affirmed on appeal. See, Karbach v. Markham, Not Reported in S.W.3d, 2009 WL 3682604 (Tex.App.-Austin Nov. 6, 2009).
Local Manufacturing Company in Product Quality Dispute
Represented a local manufacturing company in a lawsuit involving a dispute over the manufacture of “burn-in ovens” ordered by a customer. The “burn-in ovens” were used to test microprocessors manufactured by the customer. The customer claimed the equipment was not properly manufactured or built to specification, and refused to pay for the ovens. The manufacturer sued the customer for breach of contract and the customer filed a counterclaim against the manufacturer. After extensive discovery, the lawsuit settled before trial for a confidential amount.
Investors Suing for Breach of Contract
Represented a group of investors in a lawsuit involving a dispute over an investment of approximately $2.5 million they made in a business located in San Antonio, Texas. The investors sued the company for breach of contract, fraud, and negligent misrepresentation and sought the return of their investment. After the lawsuit was filed, the case settled and the investors recouped nearly the entire amount of their investment.